New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-18
TIE CONTEsTIN INDIANA.
AN INJUNCTION GRANTED AGAINST LIEUTENANT
GOVERNOR ROBINSON.

AN lNJUNCIION CNANIED hbAiNSi LIEU lfsNANi
GOVERNOR ROBINSON.
INDIANAPOLIS, Jan. II (>pociat.-An intently
interested crowd filed the Circuit Court room this
morn ng. when Judge Ayers appeared to render lis
decision in the Lieutenant Goyernorship case. In
accordance with the confident prediction of Democrats
his rulings apon oil points favorable TO Smith,
and tho Injunction against Colonel Robertaon's
performing tho duties of tho Office to which he was
elected granted. The court bed that the proceed
in not in the nature OF an election contest but
was to determine whether there was any election
recognized by law. Therefore he basoi the decision
upon the question whether moi there any usurpa
ton. Be held that there was 10 provision of the
Constitution to enable the people to eli an unexpred
term. but that the General Assembly shall name some
one TO discharge tho duties The court held that
Colonel Robertsons announcement OF his intention to
preside ove the joint convention for the election OF
United Slates Senator is q threatened usurpuon and
i'm asion aud Affords sufficient reason or granhng lhe
injunction. IN concluding the judge said
an conteut with granting this injunction.
because the interests Of tho public demand 0s think
that the Supreme Court shou: pa-s as possible
upon tho questions which arise in tho application ana
tho only way 10 the absence of an agreement OF the
partes which mpractcablc, that this case can
20 ~ tho Supreme Court Is by granting tins
injunction, md if am wrong 1t can be rghted in
iew DAYS beforu any great injury can lie done the
defendant by this ruling; aud hops before the joint
convention. On the other hand, II not granted. the
rrIater could not appeal and he could not got the
question to the Supreme Court their decision until
air tho trial OF the merits OF the case IN ter when
would delay tho mater tor a long time"
Exceptions to ihs decision were immediately MED
and after consultation OF hour, the Attorney OF
Colonel Robertson decided that it would be advisable
TO appeal the The Supreme Court adjourned on
saturday Tor ten days, but Cbief Justice Elliott
Immediately issued n call for session Of court to-
morning and the will once be taken up
An effort will be made TO reach decision before
Wednesday, noon hut il IL regarded rs doubtful IL 1t
be- done Ii ia understood, however thar Ieuten-
ant Governor Robertson will preside over the Joint
convention regardless OF the decision, because he
beeyes the cOnrt has jurisdiction in the case III
Is excepted that he will be attacked for contempt
The anxiety OF the Democrats 10 get the case INTO
SUPREME Court manv TO believe that mint mas
boon given IA to tho propable ruling.
Following tho advantage gained Dy the court uo.us
ion in smiths faycr the Democratic majority 10 the
Senate Just before adIornment TINS evening LOOK up
against senator McDomsd Rep The charge against MIN
Was bribery and the report set or ut great eukh ne
dispositions who claimed ~ nave eaoh
received 80 from Mr. Mcdonald prior To tho last election
All evidence In behalf OF Mcdonald was re-
Iccted and the minority report IN ms aefoneo
was not allowed To bo read. the Democratic ma
jorty postponing consideration OF IL uhti o-Inori,nM
morning Under the operation OF the previous question
no discussion of the permitted ana by sie soe
cans Mr. Mcdonald declared to be disquAiihon anu
his seat given his Democratic opponent FRANK
BaDnapau whom the oath Of Office was lnlInenatoV
administered 10 IN expected that the hrpubhcans
will tomorrow unseat Representative Beasiey IN the
and n nocsne BUSTING OF minority members IN each OF
the two branches or the Assembly VIII honooss vt o"'o
BEGIN. ~
Before Adjournment this evening Senator Howard DEM
introd resolution providing that IA appears
interests tue people of the state are seriously eh
cred D. The comnioon and poea SUI ~ .Sa ",en
arising from the OF determining the quhn
caions u,mbsrs committee OF conferences DO ny
pointed with Wow OF reaching some compromise